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Unformatted text preview: 9/9 1. Bill of Rights gives power to the people--limits the power of the government and identifies specific threats against the people (the Constitution gives power to the state) 1. 1) The whole point (freedoms) 2. 2) Militia (make-shift army of the people, as opposed to Standing Army), right to bear arms, free state 1. Militia was used for most of the wars we have fought in history (state worried the army would be used to oppress the people) 2. Enlightenment idea that the military should be of the people 3. 3) soldiers cannot be quartered 4. 1-3) protection against oppressive censorship 5. 4-8) protection against oppressive justice 6. 9-10) powers (people have rights that aren’t necessarily in the Constitution) The Legal Status of the Soldier: Can a Soldier Vote? 2. Yes, a soldier can vote; cannot criticize a commander (aka President) 3. Where does military law come from? 1. 1. The beginning 1. Chivalry and the European tradition 2. 2. The Adoption 1. 1775-adopted British Articles of War 3. 3. From Emergency to Normalization: The Constitution 1. The Preamble 2. Article 1, Section 8 1. “To raise and support Armies...To provide and maintain a Navy; To make rules for the Government and Regulation of the land and naval forces...To provide for organizing, arming and disciplining the Militia...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers... 4. 4. The Revision 1. 1806: Congress writes 101 Articles of War 5. 5. The Reform 1. 1951: UCMJ-Uniform Code of Military Justice (after the Civil War, WWI, WWII)--applies to ALL branches of the military (Navy, Army, Marines, etc.) 2. The change of the Articles occurred because in WWII we maxed out our useable soldiers (10% of the population)--because of the Draft, civilians were unprepared and pulled into a new code that was centuries old (ex: killed for...
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This note was uploaded on 12/08/2011 for the course LEGAL 297 taught by Professor Kelleher during the Fall '08 term at UMass (Amherst).
- Fall '08